The regulation reviews and sets out revised rules safeguarding nuclear materials, especially in light of the EU's enlargement and developments in nuclear and information technology. These rules aim to guarantee that nuclear materials are not diverted to purposes other than those for which they were originally declared.

KEY POINTS

Scope

The regulation applies to any person or business setting up or operating an installation for the production, separation, reprocessing, storage or other use of source material or special fissile material. It does not apply to issues arising from end products used for non-nuclear purposes.

The regulation repeals Commission Regulation (Euratom) No 3227/76, Commission Regulation (Euratom) No 220/90 and Commission Regulation (Euratom) No 2130/93.

Declaration of technical characteristics

In response to Additional Protocol 1999/188/Euratom, the basic technical characteristics of new installations must be communicated to the European Commission at least 200 days before the first consignment of nuclear material is due to be received, based on the questionnaire in Annex I.

For every new installation with an inventory or annual throughput of an ‘effective kilogramme’ (equivalent to a kilo of plutonium), the declaration must include information on the owner, operator, purpose, location, type, capacity and expected commissioning date, to be submitted at least 200 days before construction begins. Information on any modifications must be supplied within 30 days of the modifications being completed.

Programme of activities

The Commission must be kept informed of the annual programme of activities concerning operations, arrivals of materials and waste-processing, and operators must give at least 40 days before taking a physical inventory.

Nuclear safeguards

Users of nuclear material must keep a system of records and to make declarations about the nuclear material they hold and process to the European Commission.

The Commission verifies these declarations for correctness and completeness to re-assure citizens, supplier states, and the international community that the nuclear material is used only for peaceful purposes.

The nuclear safeguarding rules include:

material balance areas and the selection of key measurement points (these are methods used to determine the flow and stocks of nuclear materials);
changes in basic technical characteristics which require advance notice;
procedures for keeping records of nuclear materials and drawing up reports;
procedures for taking physical inventories for accounting purposes as part of safeguarding;
agreed containment and surveillance;
arrangements for taking samples for safeguard purposes.

Accounting for nuclear materials

A system of accounting for nuclear materials stored or used at an installation must be established to ensure close supervision. Recommendation 2009/120/Euratom describes the reference characteristics of an operator’s nuclear material accountancy and control (NMAC) system. Those responsible for installations must submit regular reports to the Commission, including accounting reports, material balance reports describing changes in materials, inventory change reports and an annual summary of physical inventories.

Reporting and verification

Users and holders of nuclear material (uranium, plutonium, and thorium) in the EU have to keep records documenting flows, processes, and stocks. Every month they must declare all flows of nuclear materials in and out of their installation to the European Commission. Once a year they must inventory all stocks of nuclear material they hold.

Transfers between EU countries

Operators must give advance notification to the Commission if any source materials or special fissile materials (at least one effective kilogram, and excluding materials found in waste) are:

exported to, or imported from, a non-EU country;
shipped between a non-nuclear-weapon EU country and a nuclear-weapon EU country (i.e. the United Kingdom or France).

Waste

The Commission must receive advance notification of most operations concerning the treatment of waste, including the location of conditioned waste (embedded in cement) containing certain nuclear materials such as highly enriched uranium.

EU countries with nuclear weapons (France and the United Kingdom)

The regulation does not apply to installations or nuclear materials which have been assigned to meet defence needs in these two EU countries.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 20 March 2005. Amendments relating to Croatia joining the EU have applied since 1 July 2013.

BACKGROUND

The Euratom Treaty Articles 77, 78, 79 and 81 (in Chapter 7 of the Treaty) deal with nuclear safeguards.